Related Insights

Letter to the Senate Judiciary Committee Supporting H.R. 699

In this letter to the Senate Judiciary Committee, the undersigned civil society organizations, companies and trade associations write to express support for immediate passage of the Email Privacy Act without any amendments that would weaken the protections afforded by the bill. The Act, recently passed by the House of Representatives by a vote of 419-0, updates the Electronic Communications Privacy Act (ECPA) to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.”

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Coalition Letter on Oversight and Reauthorization of the FISA Amendments Act

A diverse coalition sent a letter to the Judiciary Committee following their hearing on oversight and reauthorization of the FISA Amendments Act. In the letter, the coalition makes the point that it is not only more privacy protective for law enforcement to demonstrate probable cause and obtain a warrant before searching Section 702 databases using U.S. person identifiers – but it is also required by the Fourth Amendment.

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Statement for Senate Hearing On Oversight and Reauthorization of the FISA Amendments Act

CDT’s Greg Nojeim submitted a statement to the Senate Judiciary Committee for their hearing on “Oversight and Reauthorization of the FISA Amendments Act.” In the statement, he summarizes the privacy and civil liberties concerns presented by surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA), and offers policy recommendations for addressing those concerns.

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Email Privacy Act Brief

This brief provides an overview of the the Email Privacy Act (H.R. 699), which recently passed in the House by an overwhelming 419-0 vote. The bill would finally bring the law that sets standards for government access to private internet communications into the 21st century.

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Issue Brief: Proposed Changes to Rule 41

Under the old Rule 41 of the Federal Rules of Criminal Procedure, magistrates with authority in a district may only issue warrants for search and seizure of property located within that district, with limited exceptions. Under the new Rule 41, magistrate judges would be able to grant warrants to search and seize electronic media located outside of their districts in two additional circumstances. This document overviews CDT’s privacy and cybersecurity concerns with the new rule, and suggested reforms.

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Response and Recommendations For the Digital Security Commission Act of 2016

CDT has reviewed and prepared recommendations for the Digital Security Commission Act of 2016 (S. 2604/H.R. 4651), sponsored by Senator Mark Warner and Representative Michael McCaul. The Act would establish in the legislative branch the National Commission on Security and Technology Challenges, which would be made up of experts from national security and law enforcement, the technology sector, and the cryptography and privacy and civil liberties communities. Although CDT agrees with the general notion that bringing diverse stakeholders to the table is an important and effective means of solving a problem, CDT cannot support this bill.

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A Big-Apple Judge Sides with Apple: A Breakdown of Magistrate Judge Orenstein’s Opinion

The end of the Apple/FBI case in California is a win for cybersecurity and privacy – but a temporary one. It’s only a matter of time before another judge considers whether or not the All Writs Act can be used to force Apple or another company to weaken the security of its devices in aid of ongoing investigations. In fact, less than a month ago, a New York magistrate judge faced a similar legal question involving an iPhone from a drug trafficking case; his answer was an emphatic “no.” This is CDT’s in-depth breakdown of the opinion, which the government appealed to the District Court.

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